Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 459

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/218)

Elephants Foot Waste Compactors Pty Ltd T/As Elephants Foot Chute Solutions (Queens Wharf Project) Union Collective Agreement 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 11 FEBRUARY 2022

Application for approval of the Elephants Foot Waste Compactors Pty Ltd T/As Elephants Foot Chute Solutions (Queens Wharf Project) Union Collective Agreement 2018

An application has been made for approval of an enterprise agreement known as the Elephants Foot Waste Compactors Pty Ltd T/As Elephants Foot Chute Solutions (Queens Wharf Project) Union Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2022. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought approval for a collective agreement entered into by Elephants Foot Waste Compactors Pty Ltd. The agreement, covering the Queens Wharf Project, was presented to the Fair Work Commission for approval. The union argued that the agreement was fair and reasonable, while the employer contended it was not necessary for the project's operations. The Fair Work Commission was tasked with determining whether the collective agreement met the criteria for approval under the Fair Work Act 2009.

The central issue before the Commission was whether the agreement provided fair and reasonable terms for the employees, and if it was necessary for the smooth operation of the project. The Commission considered the balance of rights and obligations, the impact on the employees, and the necessity of the agreement for the project's progress. The union argued that the agreement was necessary to provide certainty and security for the employees, while the employer claimed that the agreement was not essential for the project's operations.

The Commission found that the agreement provided fair and reasonable terms for the employees, and it was necessary for the smooth operation of the project. The Commission noted that the agreement provided for a fair and equitable resolution of any disputes that may arise during the project, and it ensured that the employees were treated fairly and with respect. The Commission also found that the agreement was not overly prescriptive and allowed for flexibility in the workplace. The Commission approved the agreement, finding that it met the criteria for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Elephants Foot Waste Compactors Pty Ltd T/As Elephants Foot Chute Solutions (Queens Wharf Project) Union Collective Agreement 2018, finding that it provided fair and reasonable terms for the employees and was necessary for the smooth operation of the project. The Commission's decision provides guidance for employers and unions when entering into collective agreements for major projects.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established